D.C. Circuit stays finalization of decision overturning handgun ban

Last March, the United States Court of Appeals for the District of Columbia Circuit overturned the District’s blanket handgun ban. (See my further discussion here). On May 8, 2007, the Court of Appeals denied a rehearing or reconsideration of the case before the full court.

Since then, on May 24, 2007, the D.C. Circuit granted the District of Columbia’s May 15, 2007, unopposed motion to stay the issuance of its mandate in the case, pending the District of Columbia’s possible filing of a certiorari petition for the Supreme Court to review the case. The mandate will finalize and effectuate the court’s opinion overturning the District of Columbia’s blanket handgun ban.

The D.C. Circuit overturned the District of Columbia’s handgun ban by a 2-1 decision, with Judges Silberman and Griffith in the majority, and Judge Henderson dissenting. The same three judges unanimously granted the District of Columbia’s unopposed motion to stay the issuance of its mandate in the case.

Senior Circuit Judge Silberman added his own two cents to the granting of the stay motion as follows: "Although the District’s motion for stay only indicates it ‘may’ petition for certiorari, since appellants did not object, I assume it is understood that the District intends to petition for review in the Supreme Court. If it did not so intend, in my view, it would be inappropriate for it to have sought the stay. Boim v. Quranic Literacy Institute, 297 F.3d 542, 543-44 (7th Cir. 2002) (Rovner, J.)."